DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500. - 4894.]
Division 4.5 added by Stats. 1977, Ch. 1252.
§§ 4500–4894 · 433 sections
CHAPTER 1. Title and Intent §§ 4500–4501.5 · 4 sections
- § 4500 This division shall be known and may be cited as the Lanterman Developmental Disabilities Services Act.
- § 4500.5 The Legislature makes the following findings regarding the State of California’s responsibility to provide services to persons with developmental disabilities,…
- § 4501 The State of California accepts a responsibility for persons with developmental disabilities and an obligation to them which it must discharge. Affecting…
- § 4501.5 In counties where State Department of Developmental Services hospitals are located, the state hospitals shall ensure that appropriate special education and…
CHAPTER 1.3. Persons With Developmental Disabilities Bill of Rights §§ 4502–4505 · 5 sections
- § 4502 (a) Persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution…
- § 4502.1 (a) The right of individuals with developmental disabilities to make choices in their own lives requires that all public or private agencies receiving state…
- § 4503 Each person with developmental disabilities who has been admitted or committed to a state hospital, community care facility as defined in Section 1502 of the…
- § 4504 The professional person in charge of the facility or his designee may, for good cause, deny a person any of the rights specified under subdivisions (a), (b),…
- § 4505 For the purposes of subdivisions (f) and (g) of Section 4503, if the patient is a minor age 15 years or over, the right to refuse may be exercised either by…
CHAPTER 1.4. Office of the Developmental Services Ombudsperson §§ 4506–4506.7 · 8 sections
- § 4506 The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section…
- § 4506.1 (a) The Office of the Developmental Services Ombudsperson shall be established as an independent and autonomous entity within the department for the purpose of…
- § 4506.2 (a) The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested…
- § 4506.3 The Developmental Services Ombudsperson, in consultation with the department, shall hire the necessary personnel to perform the functions of the office. While…
- § 4506.4 (a) The Office of the Developmental Services Ombudsperson shall do all of the following: (1) (A) Disseminate information and provide training and technical…
- § 4506.5 As part of the office’s efforts to resolve complaints related to the developmental services system, the ombudsperson may do all of the following: (a) Establish…
- § 4506.6 In order to encourage candor during the ombudsperson’s investigation of complaints made by or on behalf of an individual served by a regional center and to…
- § 4506.7 (a) The office shall establish a toll-free number. (b) Regional center case managers shall provide consumers, and, if appropriate, their parents, legal…
CHAPTER 1.6. General Provisions §§ 4507–4519.12 · 28 sections
- § 4507 Developmental disabilities alone shall not constitute sufficient justification for judicial commitment. Instead, persons with developmental disabilities shall…
- § 4508 Persons with developmental disabilities may be released from developmental centers for provisional placement, with parental consent in the case of a minor or…
- § 4510 The State Department of Developmental Services, the State Department of Health Care Services, and the State Department of State Hospitals shall jointly develop…
- § 4511 (a) The Legislature finds and declares that meeting the needs and honoring the choices of persons with developmental disabilities and their families requires…
- § 4511.1 (a) The Legislature finds and declares the following: (1) Supporting service access and equity for persons with developmental disabilities and their families…
- § 4511.5 (a) The Legislature finds and declares both of the following: (1) Direct service professionals are critical to the provision of services and supports to…
- § 4511.6 (a) The department shall develop a pilot project to test the feasibility of remote consumer services and supports that use technology solutions. (b) It is the…
- § 4512 As used in this division: (a) (1) “Developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can…
- § 4513 (a) Whenever the department allocates funds to a regional center through a request for proposal process to implement special projects funded through the Budget…
- § 4514 All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division…
- § 4514.3 (a) Notwithstanding Section 4514, information and records shall be disclosed to the protection and advocacy agency designated by the Governor in this state to…
- § 4514.5 Upon request of a family member of a resident of a state hospital, community care facility, or health facility, or other person designated by the resident, the…
- § 4515 Signed consent forms by a person with a developmental disability or, where appropriate, the parent, guardian, or conservator, for release of any information to…
- § 4516 When any disclosure of information or records is made as authorized by the provisions of subdivision (a), (d), or (q) of Section 4514 or Section 4514.5, the…
- § 4517 Nothing in this chapter shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers and standards…
- § 4518 Any person may bring an action against an individual who has willfully and knowingly released confidential information or records concerning him or her in…
- § 4519 (a) The department shall not expend funds, and a regional center shall not expend funds allocated to it by the department, for the purchase of any service…
- § 4519.1 (a) (1) It is the intent of the Legislature to modernize the department’s financial and case management information technology systems for use by regional…
- § 4519.2 (a) The department shall identify key indicators to track the regional center system’s delivery of services. These indicators shall include both local and…
- § 4519.4 (a) Beginning in the summer of 2019, the State Department of Developmental Services shall consult with a broad and balanced group of stakeholders, including,…
- § 4519.5 (a) The department and the regional centers shall annually collaborate to compile and report, consistent with applicable federal and state privacy laws, data,…
- § 4519.6 The department and the regional centers shall annually collaborate to determine the most appropriate methods to collect and compile meaningful data in a…
- § 4519.7 (a) Any regional center employee shall not be liable for civil damages on account of an injury or death resulting from an employee’s act or omission where the…
- § 4519.8 On or before March 1, 2019, the department shall submit a rate study to the appropriate fiscal and policy committees of the Legislature addressing the…
- § 4519.9 (a) The department shall establish a community navigator program to promote the utilization of generic and regional center services by using community leaders,…
- § 4519.10 (a) The Legislature finds and declares all of the following: (1) The current service provider rate structure in the system administered by the State Department…
- § 4519.11 (a) Commencing on July 1, 2025, and every other year thereafter, the department shall review and update the rate models per the cost inputs available at the…
- § 4519.12 (a) It is the intent of the Legislature that the department and regional centers actively partner with and support regional center service providers to…
CHAPTER 2. State Council On Developmental Disabilities §§ 4520–4555 · 22 sections
ARTICLE 1. Composition and Appointments §§ 4520–4523 · 7 sections
- § 4520 (a) A State Council on Developmental Disabilities with authority independent of any single state service agency is hereby created. (b) The Legislature finds…
- § 4520.5 Notwithstanding any other law, the state council shall determine the structure of its organization, as required by the federal Developmental Disabilities…
- § 4521 (a) (1) All references to “council” or “state council” in this division shall be a reference to the State Council on Developmental Disabilities. (2)…
- § 4521.5 Notwithstanding Section 7.5 of the Government Code, each designee shall act as the member in his or her place and stead to all intents and purposes as though…
- § 4521.6 For purposes of this chapter, the Governor’s appointment of the Secretary of Health and Human Services, the Director of the California Department of Aging,…
- § 4522 Nothing in this chapter shall prevent the reappointment or replacement of any individual presently serving on the existing state council if the reappointment…
- § 4523 Persons appointed to membership on the state council shall have demonstrated interest and leadership in human service activities, including interest in…
ARTICLE 2. Conflict of Interest § 4525 · 1 section
- § 4525 (a) In order to prevent any potential conflicts of interest, members of the state council may not be employees of a state, local, or private agency or facility…
ARTICLE 3. Designated State Agency § 4530 · 1 section
- § 4530 (a) The California Health and Human Services Agency shall be the designated state agency for support to the state council. The agency secretary shall ensure…
ARTICLE 4. Organization § 4535 · 1 section
- § 4535 (a) The state council shall meet at least six times per year, and, upon call of its chairperson, as often as necessary to fulfill its duties. All meetings and…
ARTICLE 5. State Council Functions §§ 4540–4541 · 2 sections
- § 4540 The state council, established pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402 (42 U.S.C. Sec.…
- § 4541 The state council may, in its discretion, and in addition to the activities specified in subdivision (e) of Section 4540, implement the state plan by…
ARTICLE 6. State Council Regional Offices and Advisory Committees §§ 4544–4548 · 4 sections
- § 4544 (a) (1) The state council may establish regional offices that are accessible to and responsive to the diverse geographic, ethnic, and language needs of…
- § 4545 The state council may periodically review the number and geographic boundaries of regional offices needed to effectively implement this division, by methods…
- § 4546 The membership of any regional advisory committees established or continued by the state council prior to January 1, 2015, shall, upon expiration of the terms…
- § 4548 Any regional advisory committee established shall, at the request of the state council, do all of the following: (a) Advise the state council and its regional…
ARTICLE 7. State Council Costs and Support Services §§ 4550–4555 · 6 sections
- § 4550 The state council’s operating costs may include honoraria for state council members and actual and necessary expenses for state council members and regional…
- § 4551 (a) Within the limit of funds allotted for these purposes, the state council shall appoint an executive director. All state council employees that the state…
- § 4552 The state council may contract for additional assistance with any public or private agency or individual to carry out planning, monitoring, evaluation, and…
- § 4552.5 The state council may request information, records, and documents from any other agency of state government, except for confidential patient records. These…
- § 4553 To the extent provided in Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), the state council shall have full authority on how it uses its funds for…
- § 4555 Notwithstanding any other provision of law, any contract entered into between the State of California and the state council may provide for periodic advanced…
CHAPTER 3. California Developmental Disabilities State Plan §§ 4561–4568 · 7 sections
- § 4561 (a) A state plan shall be prepared by the state council not less often than once every five years, and shall be reviewed and revised, as necessary, on an…
- § 4562 (a) The state council shall conduct activities necessary to develop and implement the state plan in the various regions of the state. (b) The state plan and…
- § 4563 The state council shall assess the extent to which services, supports, and other forms of assistance are available to individuals with developmental…
- § 4564 The state council shall conduct public hearings on the state plan and related budgetary issues prior to submission of the plan pursuant to Section 4565.
- § 4565 (a) The state plan shall be given to the Governor, the Secretary of the California Health and Human Services Agency, the University Centers for Excellence in…
- § 4567 All state agencies shall cooperate with the reasonable requests of the state council by providing information to the state council in the preparation of the…
- § 4568 In no event shall the state council allot federal funds from Public Law 106-402, as amended (42 U.S.C. Sec. 15001 et seq.), to state agencies to replace state…
CHAPTER 4. Quality Assessments §§ 4571–4572 · 2 sections
- § 4571 (a) It is the intent of the Legislature to ensure the well-being of consumers, taking into account their informed and expressed choices. It is further the…
- § 4572 The State Department of Developmental Services shall develop and implement a plan to monitor, evaluate, and improve the quality of community-based services…
CHAPTER 4.1. Master Plan for Developmental Services in California §§ 4580–4581 · 3 sections
- § 4580 (a) The Legislature finds and declares all of the following: (1) More than 460,000 Californians who have intellectual and developmental disabilities are…
- § 4580.5 (a) The Legislature finds and declares all of the following: (1) Pursuant to Chapter 47 of the Statutes of 2024 (Assembly Bill No. 162), the Legislature…
- § 4581 (a) The Secretary of California Health and Human Services, in coordination with the State Department of Developmental Services, shall lead the development and… see note
CHAPTER 5. Regional Centers for Persons With Developmental Disabilities §§ 4620–4669.75 · 116 sections
ARTICLE 1. Regional Center Contracts §§ 4620–4639.76 · 37 sections
- § 4620 (a) In order for the state to carry out many of its responsibilities as established in this division, the state shall contract with appropriate agencies to…
- § 4620.1 The Legislature recognizes the ongoing contributions many parents and family members make to the support and well-being of their children and relatives with…
- § 4620.2 (a) The State Department of Developmental Services, after consultation with stakeholder groups, shall develop a system of enrollment fees, copayments, or both,…
- § 4620.3 (a) To provide more uniformity and consistency in the administrative practices and services of regional centers throughout the state, promote appropriateness… see note
- § 4620.4 (a) (1) The Legislature finds and declares that more than a quarter of Californians are foreign born, and more than 10 percent of the state’s population speaks…
- § 4620.5 (a) Beginning as early as possible after July 1, 2021, but no later than September 1, 2021, the department shall convene a workgroup, which shall be composed…
- § 4621 The department, within the limitations of funds appropriated, shall contract with appropriate private nonprofit corporations for the establishment of regional…
- § 4621.5 Notwithstanding subdivision (c) of Section 1 of Chapter 501 of the Statutes of 1971, the department shall, within the limitations of funds appropriated,…
- § 4621.6 (a) It is the intent of the Legislature to allow for uninterrupted supports for individuals with intellectual and developmental disabilities and provide for…
- § 4622 The state shall contract only with agencies to serve as regional centers as described in Section 4620, the governing boards of which conform to all of the…
- § 4622.5 By August 15 of each year, the governing board of each regional center shall submit to the department detailed documentation, as determined by the department,…
- § 4623 In the event that the governing board of the regional center is not composed of individuals as specified in subdivisions (a) to (f), inclusive, of Section…
- § 4624 When the governing board of the regional center is not composed of individuals as specified in subdivisions (a) to (f), inclusive, of Section 4622, the program…
- § 4625 The department shall not contract with any new regional center contracting agency unless the governing board of the agency is composed of individuals as…
- § 4625.5 (a) The governing board of each regional center shall adopt and maintain a written policy requiring the board to review and approve any regional center…
- § 4625.6 (a) To ensure compliance with applicable laws and regulations, and to assist with governance and organizational structure, the governing board of the regional…
- § 4625.7 The governing board of a regional center shall meet with representatives of the department upon a request by the Director of Developmental Services, and, if…
- § 4626 (a) The department shall give a very high priority to ensuring that regional center board members and employees act in the course of their duties solely in the…
- § 4626.5 Each regional center shall submit a conflict-of-interest policy to the department by July 1, 2011, and shall post the policy on its internet website by August…
- § 4627 (a) The director of the department shall adopt and enforce conflict-of-interest regulations to ensure that members of the governing board, program policy…
- § 4628 If, for good reason, a contracting agency is unable to meet all the criteria for a governing board established in this chapter, the director may waive those…
- § 4629 (a) The state shall enter into five-year contracts with regional centers, subject to the annual appropriation of funds by the Legislature. (b) The contracts…
- § 4629.5 (a) In addition to the requirements set forth in Section 4629, the department’s contract with a regional center shall require the regional center to adopt,…
- § 4629.7 (a) Notwithstanding any other provision of law, all regional center contracts or agreements with service providers in which rates are determined through…
- § 4630 The contract between the state and the contracting agency shall not: (a) Require information that violates client confidentiality. (b) Prevent a regional…
- § 4631 (a) In order to provide to the greatest extent practicable a larger degree of uniformity and consistency in the services, funding, and administrative practices…
- § 4632 If the department and a regional center are unable to resolve any contract dispute, including disputes between the regional center and the department over…
- § 4633 If the department or any regional center intends to adopt any material change in policy which will have a direct effect upon the contract between the state and…
- § 4634 Contracts between the department and regional center shall be presented for final negotiation to regional center governing boards at least 90 days’ prior to…
- § 4635 (a) If any regional center finds that it is unable to comply with the requirements of this division or its contract with the state, the regional center shall…
- § 4636 (a) If necessary, to avoid disruption of the service program, the department may directly, or through contract, operate a regional center during the interim…
- § 4638 Non-profit corporations operating regional centers shall not use state funds allocated to the corporation for operating the center for activities directly…
- § 4639 (a) The governing board of a regional center shall annually contract with an independent accounting firm for an audited financial statement. The audit report…
- § 4639.5 (a) By December 1 of each year, each regional center shall provide a listing to the State Department of Developmental Services a complete current salary…
- § 4639.6 The Director of Developmental Services may issue directives to the regional centers as the director deems necessary to protect consumer rights, health, safety,…
- § 4639.75 (a) On an ongoing basis, and as necessary, the State Department of Developmental Services shall provide to regional centers, and make available on the…
- § 4639.76 (a) A regional center with which the department maintains a contract pursuant to Section 4629 shall be subject to the California Public Records Act (Chapter 1…
ARTICLE 1.1. Regional Center Worker Retention §§ 4639.80–4639.83 · 4 sections
- § 4639.80 (a) Notwithstanding Section 4630 or any other law, a contract between the State Department of Developmental Services and a private nonprofit association for…
- § 4639.81 A contract entered into or renewed pursuant to this article shall be subject to all of the following conditions: (a) Except as otherwise provided in this…
- § 4639.82 (a) A covered employee who is not offered employment, who has been discharged in violation of this article, or who has been paid less than the covered…
- § 4639.83 The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other…
ARTICLE 2. Regional Center Responsibilities §§ 4640–4659.2 · 45 sections
- § 4640 (a) Contracts between the department and regional centers shall specify the service area and the categories of persons that regional centers shall be expected…
- § 4640.6 (a) In approving regional center contracts, the department shall ensure that regional center staffing patterns demonstrate that direct service coordination are…
- § 4640.7 (a) It is the intent of the Legislature that regional centers assist persons with developmental disabilities and their families in securing those services and…
- § 4640.8 When convening any task force or advisory group, a regional center shall make its best effort to ensure representation by consumers and family members…
- § 4640.9 Beginning July 1, 2020, each regional center shall provide to the department a copy of any corrective action plans and sanctions issued to a service provider,…
- § 4641 All regional centers shall conduct casefinding activities, including notification of availability of service in English and such other languages as may be…
- § 4641.1 (a) The Legislature finds and declares all of the following: (1) The provision of services that are culturally and linguistically responsive to consumers is…
- § 4641.5 (a) Effective July 1, 2011, regional centers shall begin transitioning all vendors of all regional center services to electronic billing for services purchased…
- § 4642 (a) (1) Any person believed to have a developmental disability, and any person believed to have a high risk of parenting a developmentally disabled infant…
- § 4643 (a) If assessment is needed, the assessment shall be performed within 120 days following initial intake. Assessment shall be performed as soon as possible and…
- § 4643.3 (a) (1) On or before April 1, 2002, the department shall develop evaluation and diagnostic procedures for the diagnosis of autism disorder and other autistic…
- § 4643.5 (a) If a consumer is, or has been determined to be, eligible or provisionally eligible for services by a regional center, the consumer shall also be considered…
- § 4644 (a) In addition to any person eligible for initial intake or assessment services, regional centers may cause to be provided preventive services to any…
- § 4646 (a) It is the intent of the Legislature that the individual program plan and provision of services and supports by the regional center system is centered on…
- § 4646.4 (a) Regional centers shall ensure, at the time of development, scheduled review, or modification of a consumer’s individual program plan developed pursuant to…
- § 4646.5 (a) The planning process for the individual program plan described in Section 4646 shall include all of the following: (1) Gathering information and conducting…
- § 4646.55 (a) Notwithstanding any other provision of law or regulation to the contrary, and to the extent federal financial participation is available, effective July 1,…
- § 4646.6 Notwithstanding Section 632 of the Penal Code, a consumer, or his or her parent, guardian, conservator, or authorized representative, shall have the right to…
- § 4647 (a) Pursuant to Section 4640.7, service coordination shall include those activities necessary to implement an individual program plan, including, but not…
- § 4648 In order to achieve the stated objectives of a consumer’s individual program plan, the regional center shall conduct activities, including, but not limited to,…
- § 4648.1 (a) The State Department of Developmental Services and regional centers may monitor services and supports purchased for regional center consumers with or…
- § 4648.11 (a) (1) Except as provided in subdivision (b), a request for proposals that is prepared by a regional center for consumer services and supports shall include a…
- § 4648.12 (a) The Legislature finds and declares that under federal and state law, certain individuals and entities are ineligible to provide Medicaid services. (b) An…
- § 4648.13 (a) For the purposes of this section, the following definitions apply: (1) “Probability sample or sampling” means a standard statistical methodology by which a…
- § 4648.14 Notwithstanding any other provision of law, the State Department of Social Services and the State Department of Public Health shall notify the State Department…
- § 4648.2 By September 1, 1986, the State Department of Developmental Services shall promulgate regulations which establish a process for service providers to appeal…
- § 4648.3 A provider of transportation services to regional center clients for the regional center shall maintain protection against liability for damages for bodily…
- § 4648.35 At the time of development, review, or modification of a consumer’s individual program plan (IPP) or individualized family service plan (IFSP), all of the…
- § 4648.4 (a) Notwithstanding any other provision of law or regulation, commencing July 1, 2006, rates for services listed in paragraphs (1), (2), with the exception of…
- § 4648.55 (a) Except as provided in subdivision (d), a regional center shall not purchase day program, vocational education, work services, independent living program,…
- § 4648.6 The department, in consultation with stakeholders, shall develop an alternative service delivery model that provides an Individual Choice Budget for obtaining…
- § 4649 Regional centers shall cooperate with the state council in joint efforts to inform the public of services available to persons with developmental disabilities…
- § 4650 Regional centers shall be responsible for developing an annual plan and program budget to be submitted to the director no later than September 1 of each fiscal…
- § 4651 (a) It is the intent of the Legislature that regional centers shall find innovative and economical methods of achieving the objectives contained in individual…
- § 4652 A regional center shall investigate every appropriate and economically feasible alternative for care of a developmentally disabled person available within the…
- § 4652.5 (a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or…
- § 4653 Except for those developmentally disabled persons judicially committed to state hospitals, no developmentally disabled person shall be admitted to a state…
- § 4654 Before any person is examined by a regional center pursuant to Section 1370.1 of the Penal Code, the court ordering such medical examination shall transmit to…
- § 4655 The director of a regional center or his designee may give consent to medical, dental, and surgical treatment of a regional center client and provide for such…
- § 4656 (a) A qualified physician and surgeon who diagnoses a developmental disability, as defined in subdivision (a) of Section 4512, of a patient who is a minor…
- § 4657 The State Department of Developmental Services shall, through the regional center contract, require that the following information is collected by each…
- § 4658 The State Department of Developmental Services shall insure that all potentially eligible clients are referred to the Social Security Administration for…
- § 4659 (a) Except as otherwise provided in subdivision (b) or (e), the regional center shall identify and pursue all possible sources of funding for consumers…
- § 4659.1 (a) If a service or support provided pursuant to a consumer’s individual program plan under this division is paid for, in whole or in part, by the health care…
- § 4659.2 (a) For the purposes of this section, the following definitions apply: (1) “Physical restraint” means any behavioral or mechanical restraint, as defined in…
ARTICLE 2.5. Interagency Dispute Resolution §§ 4659.5–4659.8 · 3 sections
- § 4659.5 (a) This article shall apply to any dispute over the provision of services where the regional center believes that a generic agency, as defined in subdivision…
- § 4659.7 (a) Whenever a regional center believes that a generic agency is responsible for providing or paying for a service required pursuant to Sections 4646.5 to…
- § 4659.8 The resolution under this article of whether a regional center or generic agency is the responsible party for providing the service in a particular matter…
ARTICLE 2.6. Third-Party Liability §§ 4659.10–4659.24 · 15 sections
- § 4659.10 It is the intent of the Legislature that this article shall be implemented consistent with the responsibilities of the department and the regional centers to…
- § 4659.11 (a) When services are provided or will be provided to a consumer under this division, or to a child under 36 months of age who is eligible for the California…
- § 4659.12 (a) Where an action is brought by the department or a regional center pursuant to Section 4659.11, it shall be commenced within the period prescribed in…
- § 4659.13 (a) If a consumer or child under 36 months of age who is eligible for the California Early Intervention Program pursuant to Title 14 (commencing with Section…
- § 4659.14 In the event of judgment or award in a suit or claim against a third party or carrier: (a) If the action or claim is prosecuted by the child or consumer alone,…
- § 4659.15 Upon further application at any time before the judgment or award is satisfied, the court shall allow as a further lien the reasonable value of additional…
- § 4659.16 (a) No settlement, judgment, or award in any action or claim by a consumer or child to recover damages for injuries, where the department or regional center…
- § 4659.17 When the department or regional center has perfected a lien upon a judgment or award in favor of a child eligible for the California Early Intervention Program…
- § 4659.18 Notwithstanding any other provision of law, in no event shall the department or the regional center recover an amount greater than the child eligible for the…
- § 4659.19 The amount recovered by the department or regional center shall not exceed the amount derived from applying Section 4659.12, 4659.16, or 4659.18, whichever is…
- § 4659.20 In the event that the child or consumer, his or her guardian, conservator, limited conservator, personal representative, estate, or survivors, or any of them…
- § 4659.21 Notwithstanding any other provision of law, all carriers described in Section 14124.70, including automobile, casualty, property, and malpractice insurers,…
- § 4659.22 (a) Every health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974 (29…
- § 4659.23 In order to assess overlapping or duplicate health coverage, every health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the…
- § 4659.24 (a) When the rights of a consumer or a child receiving services under the California Early Intervention Program to recovery from an insurer have been assigned…
ARTICLE 3. Regional Center Board Meetings §§ 4660–4669 · 10 sections
- § 4660 All meetings of the board of directors of each regional center shall be scheduled, open, and public, and all persons shall be permitted to attend any meeting,…
- § 4661 (a) Regional centers shall mail notice of their meetings to any person who requests notice in writing. Notice shall be mailed at least seven days in advance of…
- § 4662 In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of regional center…
- § 4663 (a) The governing board of a regional center may hold a closed meeting to discuss or consider one or more of the following: (1) Real estate negotiations. (2)…
- § 4664 The governing board of a regional center may hold a closed session regarding pending litigation when discussion in open session concerning those matters would…
- § 4665 Agendas and other writings or materials distributed prior to or during a regional center board meeting for discussion or action at the meeting shall be…
- § 4666 No regional center shall conduct any meeting, conference, or other function in any facility that prohibits the admittance of any person, or persons, on the…
- § 4667 All regional center board meetings shall be held in facilities accessible to persons with physical disabilities.
- § 4668 (a) Any action taken by a regional center governing board in violation of this article is null and void. Any interested person may commence an action by…
- § 4669 The provisions of this article shall not apply to the corporate affairs of the governing board of a regional center which have no relationship to the role and…
ARTICLE 4. Regional Center Alternatives for Service Delivery §§ 4669.2–4669.75 · 2 sections
- § 4669.2 (a) Notwithstanding any other law, and provided that there shall be no reduction in direct service to persons eligible for services under this article, a…
- § 4669.75 (a) Any proposal approved by the department pursuant to this article may be implemented immediately upon approval. Prior to submitting a proposal to the…
CHAPTER 6. Development and Support of Community Facilities and Programs §§ 4670–4698.53 · 99 sections
ARTICLE 1. General § 4670 · 1 section
- § 4670 The Legislature finds that there is a shortage of programs and facilities to provide a comprehensive network of habilitation services to persons with…
ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities §§ 4675–4679.1 · 6 sections
- § 4675 On and after January 1, 1978, the state plan established in this division shall be the primary method used for determining, in an orderly way, the programs and…
- § 4676 Prior to making an appropriation or allocating any state or federal funds for new or major expansions of programs or facilities for persons with developmental…
- § 4677 (a) (1) All parental fees collected by or for regional centers shall be remitted to the State Treasury to be deposited in the Developmental Disabilities…
- § 4678 (a) The State Council on Developmental Disabilities, in implementing subdivision (b) of Section 4677, and with the support of the State Department of…
- § 4679 (a) In any year for which funding is available, as provided in paragraph (2) of subdivision (a) of Section 4418.25, to address the needs for services and…
- § 4679.1 (a) By September 1, 2017, the department shall report to the Senate Committee on Human Services, the Assembly Committee on Human Services, and the appropriate…
ARTICLE 3. Rates of Payment for Community Living Facilities §§ 4680–4684 · 10 sections
- § 4680 In order to assure the availability of a continuum of community living facilities of good quality for persons with developmental disabilities, and to ensure…
- § 4681.1 (a) The department shall adopt regulations that specify rates for community care facilities serving persons with developmental disabilities. The implementation…
- § 4681.3 (a) Notwithstanding any other provision of this article, for the 1996–97 fiscal year, the rate schedule authorized by the department in operation June 30,…
- § 4681.4 (a) Notwithstanding any other provision of this article, for the 1998–99 fiscal year, the rate schedule increased pursuant to subdivision (d) of Section 4681.3…
- § 4681.5 (a) Notwithstanding any other law or regulation, a regional center shall not approve a service level for a residential service provider, as defined in Section…
- § 4681.6 (a) Notwithstanding any other law or regulation, commencing July 1, 2008: (1) A regional center shall not pay an existing residential service provider, for…
- § 4681.7 (a) Effective July 1, 2011, in order to maintain a consumer’s preferred living arrangement and adjust the residential services and supports in accordance with…
- § 4682 Under no circumstances shall the rate of state payment to any provider of out-of-home care exceed the average amount charged to private clients residing in the…
- § 4683 It is the intent of the Legislature that rates of payment for out-of-home care shall be established in such ways as to assure the maximum utilization of all…
- § 4684 (a) Notwithstanding any other law, the cost of providing 24-hour out-of-home nonmedical care and supervision in community care facilities licensed or approved…
ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs §§ 4684.50–4684.77 · 14 sections
- § 4684.50 (a) (1) “Adult Residential Facility for Persons with Special Health Care Needs (ARFPSHN)” means any adult residential facility that provides 24-hour health…
- § 4684.53 (a) The State Department of Developmental Services and the State Department of Social Services shall jointly implement a licensing program to provide special…
- § 4684.55 (a) A regional center may not pay a rate to an ARFPSHN or a GHCSHN for a consumer that exceeds the rate in the State Department of Developmental Services’…
- § 4684.58 (a) The regional center may recommend for participation, to the State Department of Developmental Services, an applicant to provide services as part of an…
- § 4684.60 The vendoring regional center shall, before placing a consumer into an ARFPSHN or a GHCSHN, ensure that the ARFPSHN or the GHCSHN has a license issued by the…
- § 4684.63 (a) Each ARFPSHN and each GHCSHN shall do all of the following: (1) Meet the minimum requirements for a Residential Facility Service Level 4-i pursuant to…
- § 4684.65 (a) A regional center shall not place, or fund the placement for, any consumer in an ARFPSHN or a GHCSHN unless the following requirements are met: (1) The…
- § 4684.68 (a) The individual health care plan shall include, at a minimum, all of the following: (1) An evaluation of the consumer’s current health. (2) A description of…
- § 4684.70 (a) The State Department of Social Services, in administering the licensing program, shall not have any responsibility for evaluating consumers’ level of care…
- § 4684.73 (a) In addition to any other contract termination provisions, a regional center may terminate its contract with an ARFPSHN or a GHCSHN if the regional center…
- § 4684.74 The State Department of Developmental Services shall only approve the development of ARFPSHNs or GHCSHNs that are directly associated with the identification…
- § 4684.75 (a) The State Department of Developmental Services may adopt emergency regulations to implement this article. The adoption, amendment, repeal, or readoption of…
- § 4684.76 For a child or nonminor dependent who has been adjudged a dependent of the court pursuant to Section 300, a child who has not been adjudged a dependent of the…
- § 4684.77 (a) If a child requires a living arrangement in a GHCSHN, the regional center shall make every effort to secure placement, consistent with the individual…
ARTICLE 3.6. Enhanced Behavioral Supports Homes §§ 4684.80–4684.86 · 7 sections
- § 4684.80 (a) “Enhanced behavioral supports home” means a facility certified by the State Department of Developmental Services and licensed by the State Department of…
- § 4684.81 (a) The department shall use community placement plan funds, as appropriated in the State Department of Developmental Services’ annual budget, to develop…
- § 4684.82 The vendoring regional center shall, before placing any consumer into an enhanced behavioral supports home, ensure that the home has a license issued by the…
- § 4684.83 The enhanced behavioral supports home provider shall be responsible for coordinating the development and updating of each consumer’s individual behavior…
- § 4684.84 (a) The regional center shall have responsibility for monitoring and evaluating the implementation of the consumer’s individual behavior supports plan…
- § 4684.85 (a) In addition to any other contract termination provisions, a regional center may terminate its contract with an enhanced behavioral supports home when the…
- § 4684.86 (a) A certification for an enhanced behavioral supports home shall not be issued before emergency regulations filed by the State Department of Developmental…
ARTICLE 4. Services and Supports for Persons Living in the Community §§ 4685–4689.9 · 32 sections
- § 4685 (a) Consistent with state and federal law, the Legislature finds and declares that children with developmental disabilities most often have greater…
- § 4685.1 (a) When a minor child requires a living arrangement outside of the family home, as determined in the individual program plan developed pursuant to Section…
- § 4685.7 (a) Contingent upon approval of a federal waiver, the Self-Directed Services Program (SDS Program) is hereby established and shall be available in every…
- § 4685.8 (a) The department shall implement a statewide Self-Determination Program. The Self-Determination Program shall be available in every regional center catchment…
- § 4685.10 (a) The department may adopt regulations to implement and comply with home- and community-based settings and person-centered service plan requirements in…
- § 4686 (a) Notwithstanding any other provision of law or regulation to the contrary, an in-home respite worker who is not a licensed health care professional but who…
- § 4686.2 (a) Notwithstanding any other law or regulation to the contrary, any vendor who provides applied behavioral analysis (ABA) services, or intensive behavioral…
- § 4686.3 The department shall adopt emergency regulations to address the use of paraprofessionals in group practice provider behavioral intervention services and…
- § 4686.31 (a) Effective July 1, 2011, notwithstanding any other law or regulation to the contrary, any vendor who provides services as specified in paragraph (4) shall…
- § 4686.4 (a) On or before July 1, 2026, the department shall adopt regulations to address the use of Behavioral Health Professionals in behavioral health treatment…
- § 4687 Consistent with state and federal law, the Legislature recognizes the rights of persons with disabilities to have relationships, marry, be a part of a family,…
- § 4688 (a) Consistent with state and federal law, the Legislature places a high priority on providing opportunities for individuals with developmental disabilities to…
- § 4688.05 Regional centers shall provide independent living skills services to an adult consumer, consistent with his or her individual program plan, that provide the…
- § 4688.06 (a) Consistent with state and federal law, the Legislature recognizes the right of adults with disabilities to reside in the family home. The Legislature…
- § 4688.1 (a) Notwithstanding any other provision of law or regulation to the contrary, vendors of behavior management, activity center, and adult development center day…
- § 4688.2 (a) Notwithstanding any other provision of law or regulation to the contrary, vendors of behavior management, activity center, and adult development center…
- § 4688.21 (a) The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize day services to meet their…
- § 4688.22 (a) The Legislature finds and declares both of the following: (1) The Legislature places a high priority on promoting the full inclusion and independence of…
- § 4688.3 (a) The State Department of Health Care Services and the department shall jointly seek a federal Centers for Medicare and Medicaid Services’ (CMS) approved…
- § 4688.5 (a) Notwithstanding any other provision of law to the contrary, the department may approve a proposal or proposals by Golden Gate Regional Center, Regional…
- § 4688.6 (a) Notwithstanding any other provision of law to the contrary, the department may receive and approve a proposal or proposals by any regional center to…
- § 4689 Consistent with state and federal law, the Legislature places a high priority on providing opportunities for adults with developmental disabilities, regardless…
- § 4689.05 (a) A regional center shall not purchase supportive services, as defined in Section 12300, for a consumer who meets the criteria to receive, but declines to…
- § 4689.1 (a) The Legislature declares that it places a high priority on providing opportunities for adults with developmental disabilities to live with families…
- § 4689.2 (a) It is the intent of the Legislature in enacting this section to require the filing of fingerprints of those individuals whose contact with consumers…
- § 4689.3 (a) A family home agency shall not place an adult with developmental disabilities in a family home until the family home agency has received a criminal record…
- § 4689.4 The State Department of Developmental Services may deny an application for vendorization or terminate vendorization as a family home agency or family home upon…
- § 4689.5 (a) Proceeding for the termination, or denial of vendorization as a family home agency or family home pursuant to Section 4689.4 shall be conducted in…
- § 4689.6 (a) The State Department of Developmental Services may prohibit a vendor from employing, or continuing the employment of, or allowing in a family home, or…
- § 4689.7 (a) For the 1998–99 fiscal year, levels of payment for supported living service providers that are vendored pursuant to Section 4689 shall be increased based…
- § 4689.8 Notwithstanding any other law or regulation, commencing July 1, 2008: (a) No regional center may pay an existing supported living service provider, for…
- § 4689.9 (a) It is the intent of the Legislature in enacting this section to establish that hourly workers providing supported living services to individuals served by…
ARTICLE 5. Regional Center Rates for Nonresidential Services §§ 4690–4694 · 17 sections
- § 4690 The Director of Developmental Services shall establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for…
- § 4690.1 (a) By March 1, 1986, the department, in consultation with representatives of regional centers and providers of transportation services to regional center…
- § 4690.2 (a) The Director of Developmental Services shall develop program standards and establish, maintain, and revise, as necessary, an equitable process for setting…
- § 4690.3 (a) For the 1998–99 fiscal year, rates for in-home respite services agencies that are vendored pursuant to Section 4690.2 and the department’s regulations to…
- § 4690.4 (a) Sections 4690.2, 4691, and 4691.5, which relate to in-home respite service agencies and community-based day programs, shall apply in the 1998–99 fiscal…
- § 4690.5 Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the…
- § 4690.7 A provider of nonresidential services, as defined in paragraph (49) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations, may…
- § 4691 (a) The Legislature reaffirms its intent that community-based day programs be planned and provided as part of a continuum of services to enable persons with… see note
- § 4691.5 The ratesetting methodology, to be established pursuant to subparagraph (C) of paragraph (3) of subdivision (b) of Section 4691 shall include, but need not be…
- § 4691.6 (a) Notwithstanding any other law or regulation, commencing July 1, 2006, the community-based day program, work activity program, and in-home respite service…
- § 4691.8 (a) Notwithstanding any other provision of law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the…
- § 4691.9 (a) Notwithstanding any other law or regulation, commencing July 1, 2008: (1) A regional center shall not pay an existing service provider, for services where…
- § 4691.10 (a) (1) Notwithstanding any other law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department shall…
- § 4691.11 Notwithstanding any other law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department shall allocate…
- § 4691.12 (a) (1) Notwithstanding any other law or regulation, to the extent funds are appropriated in the annual Budget Act for this purpose, and contingent upon the…
- § 4693 For the purposes of this article, “infant day program” means a day training and activity program where infants and their families are provided training…
- § 4694 Commencing July 1, 2006, all regional center vendors who are qualified providers under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et…
ARTICLE 6. Residential Facility Staff Training §§ 4695–4695.2 · 2 sections
- § 4695 The State Department of Developmental Services shall offer, through the regional centers, in conjunction with community colleges which elect to participate, a…
- § 4695.2 (a) Each direct care staff person employed in a licensed community care facility that receives regional center funding shall be required to satisfactorily…
ARTICLE 7. Regional Center Clients Requiring Mental Health Services §§ 4696–4697 · 4 sections
- § 4696 The Legislature places a high priority on ensuring that regional center clients and their families can avail themselves of mental health services which are…
- § 4696.1 (a) The Legislature finds and declares that improved cooperative efforts between regional centers and county mental health agencies are necessary in order to…
- § 4696.3 A regional center shall notify the clients’ rights advocate, as described in Section 4433, of all consumers placed on an involuntary psychiatric hold or in a…
- § 4697 (a) The Legislature finds and declares all of the following: (1) The methods of establishing rates of payment for providers of services and supports to persons…
ARTICLE 8. Community Crisis Home Certification §§ 4698–4698.1 · 2 sections
- § 4698 (a) (1) “Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to this article, and licensed by the…
- § 4698.1 (a) A certificate of program approval shall not be issued pursuant to this article until the publication in Title 17 of the California Code of Regulations of…
ARTICLE 9. Oral Health for People with Disabilities Technical Assistance Center Program §§ 4698.50–4698.53 · 4 sections
- § 4698.50 (a) No later than July 1, 2027, the State Department of Developmental Services shall contract with a public or private California dental school or college to…
- § 4698.51 Participating regional centers shall do all of the following: (a) Designate a lead person at each regional center with responsibility for duties related to…
- § 4698.52 (a) The department shall do all of the following: (1) Establish procedures for regional center directors, or their designees, to participate in the program.…
- § 4698.53 Implementation of this article is subject to an appropriation by the Legislature for the purpose of this article.
CHAPTER 6.5. Developmental Services Workforce Stabilization §§ 4699–4699.7 · 8 sections
- § 4699 The Legislature finds and declares all of the following: (a) The State Department of Developmental Services estimates that about 120,000 direct support…
- § 4699.1 Implementation of this chapter shall be subject to an appropriation by the Legislature for the purpose of this chapter.
- § 4699.2 (a) The department shall establish, and regional centers shall administer in coordination with service providers, a program to provide training stipends to…
- § 4699.3 (a) The department shall establish, and regional centers shall administer, an entry-level training and internship program for individuals interested in…
- § 4699.4 (a) The department shall establish, and regional centers shall administer, a tuition reimbursement program for regional center employees who seek a degree or…
- § 4699.5 (a) The department shall seek input from stakeholders throughout the implementation of this chapter. (b) Stakeholders may include, but are not limited to, any…
- § 4699.6 (a) The department shall report to the Legislature at quarterly briefings for legislative staff about the progress on the programs described in this chapter.…
- § 4699.7 (a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title…
CHAPTER 7. Appeal Procedure §§ 4700–4731 · 33 sections
ARTICLE 1. Definitions §§ 4700–4702 · 3 sections
- § 4700 Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter.
- § 4701 (a) “Adequate notice” means a written notice using the form prescribed by the department. The notice shall be in plain, clear, and nontechnical language. The…
- § 4702 Each regional center and each vendor that contracts with a regional center to provide services to recipients shall conspicuously post on its internet web, if…
ARTICLE 2. General Provisions §§ 4705–4708 · 5 sections
- § 4705 Every regional center or state-operated facility shall, as a condition of continued receipt of state funds, have an appeals procedure for resolving conflicts…
- § 4705.5 (a) Unless the claimant is themselves an attorney licensed to practice law in California, or unless the claimant will have an attorney licensed to practice law…
- § 4706 (a) Except as provided in subdivision (b) to the extent permitted by federal law, all issues concerning the rights of persons with developmental disabilities…
- § 4707 (a) The following appeals processes shall be available for resolving conflicts between regional centers or state-operated facilities and recipients of, or…
- § 4708 (a) (1) The department shall create, with input from stakeholders, standard appeals process information packets. There shall be one information packet related…
ARTICLE 3. Fair Hearing Procedure §§ 4710–4714 · 15 sections
- § 4710 (a) The regional center or state-operated facility shall send adequate notice, as described in subdivision (a) of Section 4701, to the recipient and, if…
- § 4710.5 (a) Any applicant for or recipient of services, or authorized representative of the applicant or recipient, who is dissatisfied with a decision or action of…
- § 4710.6 (a) (1) Upon receipt of an appeal request form requesting an informal meeting, the regional center or state-operated facility and the claimant shall determine…
- § 4710.7 (a) The purpose of the informal meeting is to attempt to resolve the issue or issues that are the subject of the appeal request informally prior to a mediation…
- § 4710.8 (a) At an informal meeting, the claimant shall have the rights stated pursuant to Section 4701. (b) An informal meeting shall be held consistent with Section…
- § 4710.9 (a) If, after the informal meeting, the claimant or their authorized representative is satisfied with all or part of the decision of the regional center or…
- § 4711 (a) Upon receipt of an appeal request form requesting mediation or a fair hearing, the hearing office shall immediately notify the claimant and the claimant’s…
- § 4711.5 (a) Upon receipt of an appeal request form requesting mediation, the hearing office shall promptly notify the claimant and their authorized representative, in…
- § 4711.7 (a) If the issue or issues involved in the mediation are resolved or partially resolved to the satisfaction of both parties, the mediator shall prepare a…
- § 4712 (a) (1) The fair hearing shall be held within 50 days of the date the appeal request form is received by the department or other agency designated by the…
- § 4712.2 (a) Two or more claimants with a common complaint, or their authorized representatives, or a regional center or state-operated facility may request the…
- § 4712.5 (a) (1) Within 10 business days of the concluding day of the fair hearing, but not later than 80 days following the date the appeal request form was received…
- § 4713 (a) If the final decision is unfavorable to the claimant, and the claimant has been receiving the services that have been the subject of the appeal, the…
- § 4713.5 (a) The regional center shall implement the final hearing decision as soon as practical and not later than 30 days following the date of the final hearing…
- § 4714 (a) For each appeal request form submitted pursuant to Section 4710.5, the department shall collect information related to the appeal from regional centers or…
ARTICLE 4. Services Pending Final Administrative Decision §§ 4715–4717 · 3 sections
- § 4715 (a) Except as provided in this section, if an appeal request is postmarked or received by the department or by another agency designated by the department to…
- § 4716 Nothing in this chapter shall presume the incompetence of any person with a developmental disability to participate in any of the appeals procedures…
- § 4717 The hearing office, in collaboration with the department, shall establish and maintain an advisory committee composed of stakeholders including recipients and…
ARTICLE 5. Access to Records §§ 4725–4731 · 7 sections
- § 4725 For the purposes of this article: (a) “Access” means the right to inspect, review, and obtain an accurate copy of any record obtained in the course of…
- § 4726 Notwithstanding any other law, access to records regarding an applicant for, or recipient of, services shall be provided, upon request, to the applicant,…
- § 4727 Nothing in this chapter shall be construed to compel a physician, psychologist, social worker, nurse, attorney, or other professional person to reveal…
- § 4728 Each regional center and the department for its state-operated facilities shall adopt procedures for granting of requests by persons authorized under Section…
- § 4729 Whenever access to regional center or state-operated facility records is requested, the regional center or state-operated facility shall provide at least the…
- § 4730 Any person who willfully and knowingly violates the provisions of this article is guilty of a misdemeanor.
- § 4731 (a) Each consumer or any representative acting on behalf of any consumer or consumers, who believes that any right to which a consumer is entitled has been…
CHAPTER 7.5. Residential Care Facility Appeals Procedures §§ 4740–4748 · 10 sections
- § 4740 The Legislature finds the following: (a) The quality of care provided to persons with developmental disabilities by residential facilities is contingent upon a…
- § 4741 An adult person with a developmental disability has the legal right to determine where his or her residence will be. Except in a situation which presents…
- § 4742 The regional center or its designated representative shall (a) guide and counsel facility staff regarding the care and services and supports required by each…
- § 4742.1 (a) A statement made by a regional center representative when discharging his or her obligation to monitor the provision of services and supports pursuant to…
- § 4743 It is the intent of the Legislature that to the greatest extent possible, the staff of the regional center or its designee are assigned so as to minimize the…
- § 4744 The regional center or its designee shall provide to the residential facility administrator all information in its possession concerning any history of…
- § 4745 During each visit to the facility, the designated staff person shall inform the administrator orally of any substantial inadequacies in the care and services…
- § 4746 The severity of the deficiencies and the quality of care provided shall determine how long the regional center or its designee will work with the facility…
- § 4747 If a consumer or, when appropriate, the parent, guardian, or conservator or authorized representative, including those appointed pursuant to subdivision (a) of…
- § 4748 Within nine months of the effective date of this section, the State Department of Developmental Services shall develop and implement regulations for use by the…
CHAPTER 8. Evaluation §§ 4750–4754 · 5 sections
- § 4750 The Legislature intends that expenditures on state programs for persons with developmental disabilities shall have measurable and desirable results. The…
- § 4750.5 In order to gather data that is relevant to ensuring the safety and well-being of persons with developmental disabilities, the department shall ensure that the…
- § 4752 The department shall prepare by July 1, 1978, a plan for using the method to obtain and report statewide information on program effectiveness. The plan shall…
- § 4753 By January 1, 1979, the department shall implement the evaluation system for all programs under its jurisdiction.
- § 4754 Nothing in this chapter shall be construed to prohibit any agency providing services to persons with developmental disabilities from utilizing additional…
CHAPTER 9. Budgetary Process and Financial Provisions §§ 4775–4792 · 15 sections
- § 4775 The Legislature finds that the method of appropriating funds for numerous programs for the developmentally disabled affects the availability and distribution…
- § 4776 On or before August 1 of each year, each regional center shall submit to the department and the state council a program budget plan for the subsequent budget…
- § 4776.5 (a) Regional centers shall not be subject to any provision of law, regulation, or policy required of state agencies pertaining to the planning and acquisition…
- § 4777 On or before September 1 of each year, the Superintendent of Public Instruction shall submit to the state council: (a) An estimate of all developmentally…
- § 4778 To the extent feasible, all funds appropriated for developmental disabilities programs under this part shall be allocated to those programs by August 1 of each…
- § 4780 When appropriated by the Legislature, the department may receive and expend all funds made available by the federal government, the state, its political…
- § 4780.5 The State Department of Developmental Services is responsible for the processing, audit, and payment of funds made available to regional centers under this…
- § 4781 The department may accept and expend grants, gifts, and legacies of money and, with the consent of the Department of Finance, may accept, manage, and expend…
- § 4781.5 (a) For the 2006–07 fiscal year only, a regional center may not expend any purchase of service funds for the startup of any new program unless one of the…
- § 4781.6 (a) A regional center shall not expend any purchase of service funds for the startup of any new program unless the expenditure is necessary to protect the…
- § 4786 The director shall develop, establish, and maintain an equitable system of rates of state payment for care and services purchased by the department from…
- § 4787 (a) The department shall, in developing the annual budget for regional center-funded services and supports for residents of developmental centers who are…
- § 4790 (a) It is the intent of the Legislature to provide an incentive for regional centers to select out-of-home placements that are most appropriate for each person…
- § 4791 (a) Notwithstanding any other provision of law or regulation, from July 1, 2010, until June 30, 2013, regional centers may temporarily modify personnel…
- § 4792 (a) This section of law shall only be operative if subdivision (b) of Section 3.94 of the Budget Act of 2011 is operative. It is the intent of the Legislature…
CHAPTER 10. Judicial Review §§ 4800–4806 · 7 sections
- § 4800 (a) Every adult who is or has been admitted or committed to a state hospital, developmental center, community care facility, as defined in Section 1502 of the…
- § 4801 (a) Judicial review shall be in the superior court for the county in which the state hospital, developmental center, community care facility, or health…
- § 4802 This chapter shall not be construed to impair the right of a conservator of an adult developmentally disabled patient to remove the patient from the state…
- § 4803 (a) If a regional center recommends that a person be admitted to a community care facility or health facility as a developmentally disabled resident, the…
- § 4804 Whenever a proceeding is held in a superior court under the provisions of this chapter, involving a person who has been placed in a state hospital located…
- § 4805 Objections to proposed transfers between state hospitals shall be resolved pursuant to Chapter 7 (commencing with Section 4700).
- § 4806 This chapter shall be construed in a manner that affords the adult requesting release all rights under Section 4502, including the right to treatment and…
CHAPTER 11. Guardianship and Conservatorship § 4825 · 1 section
- § 4825 The provisions of this division shall not be construed to terminate any appointment of the State Department of Mental Health as guardian of the estate of a…
CHAPTER 12. Community Living Continuums §§ 4830–4846 · 14 sections
- § 4830 As used in this chapter: (a) “Continuum” means a coordinated multicomponent services system within geographic regions of the state whose design shall support…
- § 4831 The State Department of Developmental Services may develop the design and phase-in plan for continuums and may designate one or more designated agencies to…
- § 4832 (a) The State Council on Developmental Disabilities may review and evaluate existing and proposed community living arrangement programs within the various…
- § 4833 Upon designation by the Department of Developmental Services pursuant to Section 4831, the designated agency established pursuant to Section 4832 shall: (a)…
- § 4834 The Director of the Department of Developmental Services may contract with a designated agency, pursuant to this chapter.
- § 4835 (a) The Director of Developmental Services may establish uniform operational procedures, performance and evaluation standards, and utilization criteria for…
- § 4836 The director shall prepare a yearly report to the Legislature on the progress and effectiveness of the system using the state evaluation model in accordance…
- § 4837 The Director of Developmental Services may provide 90-day advance funding to the designated agency or community-based programs for the development or provision…
- § 4839 The State Department of Developmental Services may study and prepare a plan in cooperation with the State Council on Developmental Disabilities. The plan…
- § 4841 Notwithstanding the provisions of Sections 4675, 4676 and 4677, the Director of Developmental Services, when reviewing, approving, and allocating money from…
- § 4843 To accomplish the goals enumerated in Section 4833, the director may: (a) Develop a continuum training model and provide technical assistance to providers of…
- § 4844 The Director of Developmental Services shall initiate and monitor interagency performance agreements between the Department of Rehabilitation, the State…
- § 4845 If authorized by regulations adopted by the department and if not available through other state or local programs, the continuum services may with respect to…
- § 4846 Interagency agreements shall be established between the regional centers and the community living continuums to assure clear roles and responsibilities for…
CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities §§ 4850–4867 · 23 sections
- § 4850 (a) The Legislature reaffirms its intent that habilitation services for adults with developmental disabilities should be planned and provided as a part of a…
- § 4850.1 Notwithstanding Section 19050.9 of the Government Code, beginning July 1, 2004, the State Department of Developmental Services shall succeed to all functions…
- § 4850.2 (a) Except as otherwise specifically provided, this chapter shall only apply to those habilitation services purchased by the regional centers. (b) Nothing in…
- § 4851 The definitions contained in this chapter shall govern the construction of this chapter, with respect to habilitation services provided through the regional…
- § 4852 A consumer shall be referred to a provider of habilitation services under this chapter when all of the following apply: (a) The individual is an adult who has…
- § 4853 (a) When a referral for habilitation services pursuant to Section 4852 has been made and if the individual is placed in a work activity program, he or she…
- § 4854 In developing the individual habilitation service plan pursuant to Section 4853, the habilitation service provider shall develop specific and measurable…
- § 4854.1 The individual program plan planning team, shall, pursuant to Section 4646, meet, when it is necessary to review any of the following: (a) The appropriateness…
- § 4855 When an individual who is eligible for habilitation services under this chapter is referred to the Department of Rehabilitation for vocational rehabilitation…
- § 4856 (a) The regional center shall monitor, evaluate, and audit habilitation services providers for program effectiveness, using performance criteria that include,…
- § 4857 The regional center shall purchase habilitation services pursuant to the individual program plan. Habilitation services shall continue as long as satisfactory…
- § 4857.1 Regional centers may purchase habilitation services only from providers who are vendored as described in Section 4861 and regulations promulgated pursuant to…
- § 4858 (a) Each work activity program vendor shall, at a minimum, annually review the status of consumers participating in their program to determine whether these…
- § 4859 (a) The department shall adopt regulations to establish rates for work activity program services subject to the approval of the Department of Finance. The…
- § 4860 (a) (1) The hourly rate for supported employment services shall be set by the department and posted to its internet website. (2) Job coach hours spent in…
- § 4861 A regional center may vendor a new work activity or supported employment program after determining the capacity of the program to deliver effective services…
- § 4862 (a) The length of a work activity program day shall not be less than five hours, excluding the lunch period. (b) (1) Except as provided in paragraph (2), the…
- § 4863 (a) In accordance with regulations adopted by the department, and if agreed upon by the work activity program and the regional center, hourly billing shall be…
- § 4864 The department shall authorize payment for absences in work activity programs and supported employment programs that are directly consequent to a declaration…
- § 4865 At the request of the Department of Rehabilitation, a work activity or supported employment program, or both, shall release state licensing reports and…
- § 4865.1 (a) A regional center shall continue to pay the rate in effect as of June 30, 2004, for a supported employment placement group composed of a coach-to-client…
- § 4866 The department may promulgate emergency regulations to carry out the provisions of this chapter. If the Department of Developmental Services promulgates…
- § 4867 Nothing in this chapter shall be interpreted to mean that work activity programs or supported employment programs cannot serve consumers who are funded by…
CHAPTER 14. Employment §§ 4868–4870.2 · 7 sections
- § 4868 For purposes of this chapter, the following definitions shall apply: (a) “Competitive employment” means work in the competitive labor market that is performed…
- § 4868.5 (a) There is in the California Health and Human Services Agency the Office of Employment First. (b) The office’s mission is to coordinate the Employment First…
- § 4868.6 (a) The department and the Department of Rehabilitation shall develop an interagency agreement, with respect to the delivery of habilitation services and…
- § 4869 (a) (1) In furtherance of the purposes of this division to make services and supports available to enable persons with developmental disabilities to…
- § 4870 (a) To encourage competitive integrated employment opportunities statewide for individuals with developmental disabilities, the department shall establish…
- § 4870.1 (a) In addition to the program described Section 4870, subject to an appropriation in the Budget Act, the department shall establish, by December 31, 2021, a…
- § 4870.2 (a) In addition to the program described in Section 4870, subject to an appropriation in the Budget Act for this purpose, the department shall establish, by…
CHAPTER 15. Qualified ABLE Program §§ 4875–4885 · 11 sections
- § 4875 For purposes of this chapter: (a) “ABLE account” or “account” means the account established for and owned by a designated beneficiary pursuant to this chapter…
- § 4876 There is hereby created the California ABLE Act Board that consists of the Treasurer, the Director of Finance, the Controller, the Director of Developmental…
- § 4877 (a) There is hereby created an instrumentality of the State of California to be known as the California ABLE Program Trust. (b) The purposes, powers, and…
- § 4878 (a) The board shall segregate moneys received by the ABLE program trust into two funds, which shall be identified as the program fund and the administrative…
- § 4879 (a) Under the program, a person may make contributions for a taxable year, for the benefit of an individual who is an eligible individual for that taxable…
- § 4880 (a) Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one…
- § 4881 (a) The board shall provide an annual listing of distributions to individuals with respect to an interest in an ABLE account to the Franchise Tax Board at a…
- § 4882 (a) The board shall adopt regulations as it deems necessary to implement this chapter consistent with the federal Internal Revenue Code and regulations issued…
- § 4883 This act shall be construed liberally in order to effectuate its legislative intent. The purposes of this act and all of its provisions with respect to powers…
- § 4884 The board shall market this program to residents of the United States to the extent funds are available to do so.
- § 4885 (a) Notwithstanding any other state law, and only to the extent permitted under federal law, the program may permit a change in the designated beneficiary of…
CHAPTER 16. Grievance Process §§ 4890–4894 · 5 sections
- § 4890 For the purposes of this chapter, the following terms have the following meanings: (a) “Authorized representative” has the same meaning as in Section 4701. (b)…
- § 4891 (a) A grievant desiring to file a grievance shall submit the grievance to the department. A grievance may be submitted online, orally, or in writing by the…
- § 4892 (a) The department shall convene stakeholders and legislative staff no later than August 1, 2027, in order to receive input and feedback regarding the…
- § 4893 This chapter applies to any grievance filed on or after February 1, 2027. Any complaint filed prior to February 1, 2027, shall continue to be addressed…
- § 4894 (a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title…